Suresh Kait, J. - (1.) CRL.M.C. 3063/2015
(2.) VIDE the present petition, petitioner / complainant seeks setting aside of order dated 17.07.2015 passed by ld. ASJ -04, South -East District, New Delhi whereby respondent no. 2 was granted bail. Ld. Counsel appearing on behalf of the petitioner submits that aforesaid order was passed on the ground that the petitioner / complainant despite having entered into several Agreements to Sell with respondent no. 2 and her husband had never bothered to invoke his legal rights and remedies available to him under the law till date for non -compliance of the terms and conditions of those agreements on the part of the accused persons.
(3.) LD . Counsel appearing on behalf of the petitioner submits that while granting bail, ld. ASJ has failed to appreciate that the respondent no. 2 is a habitual offender involved in four other cases registered in different police stations across the NCT of Delhi. Thus, ld. ASJ ought to have appreciated that respondent no. 2 is a fugitive with bad antecedents. Moreover, she was apprehended at the IGI Airport while on her way back from Malaysia where she was hiding for the last one year. Moreover, co -accused Girish Chopra, husband of respondent no. 2 is still absconding and supposedly in Malaysia and proceedings under Section 82 Cr.P.C. have been initiated against him.;